Quinn (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a Solid Plasterer. The applicant sought review of a decision not to grant the visa, which had been affirmed by the delegate.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994, specifically concerning the necessity of an approved nomination. The Tribunal also had to consider the status of the nomination made by A K Formwork Pty Ltd, the nominator listed in the visa application.

The Tribunal reasoned that clause 482.212(1) mandates that the nomination identified in the visa application must be approved and not have ceased. It was not disputed that at the time of the delegate's decision, the applicant did not have an approved nomination from A K Formwork Pty Ltd. The Tribunal noted that a previous decision by the Tribunal had affirmed the refusal of A K Formwork Pty Ltd's nomination of the applicant on 18 October 2021. Consequently, the nomination refusal was no longer under review, and there was no evidence of an approved nomination. As this was an essential requirement for the visa, the Tribunal found that the applicant had failed to meet it.

The Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.